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LOVELL v. PLANNING COM'N OF CITY, INDEPENDENCE

No. 24491; CA 10120.

586 P.2d 99 (1978)

36 Or.App. 3

Margaret R. LOVELL, Appellant, v. THE PLANNING COMMISSION OF THE CITY OF INDEPENDENCE, a Municipal Corporation of the County of Polk, State of Oregon, Composed of the City Manager, Jack McElravy, and of Tom Karren, Marge Taylor, Terry Richards, Kent Bauersfeld, Robert Brownell, Theron Miller, and Tom Pfaff, Respondents.

Court of Appeals of Oregon.

Decided November 6, 1978.

Attorney(s) appearing for the Case

William S. Lovell, Monmouth, argued the cause and filed the brief for appellant.

Dennis McCaffrey, Independence City Atty., Dallas, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

SCHWAB, Chief Judge.

In this writ of review proceeding, the issue on appeal is the propriety of the grant of a land-use variance. Wilma Hein, owner of two abutting lots containing houses located in the city of Independence, applied to the Independence Planning Commission for a variance from the city zoning ordinance in order to create a third lot by partitioning the rear half of her two lots. She intended to construct a dwelling on the third lot. The partitioning...

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